75 members of Congress ask FDA to re-propose FSMA rules
75 members of Congress ask FDA to re-propose FSMA rules
WASHINGTON — Capitol Hill is weighing in on the need to repropose food safety rules as 75 members of Congress sent a letter to the Food & Drug Administration warning that farms and processors will suffer and some businesses may close if there's no opportunity to comment on revamped food-safety rules before they become final.
Businesses in the produce industry have been grappling all year with the impact of the proposed produce safety and preventive control rules required by the Food Safety Modernization Act. FDA is being swamped with comments asking for major changes in the proposals, but the agency is under a court-ordered deadline to accept comments on the rules only until March 2014.
While the agency appeals the court order, food industry groups have been running to Capitol Hill for relief in hopes of convincing the FDA that another round of proposed rules should be released for public comment.
"After hearing many reservations from our farmers and businesses, we are concerned that the rules as currently proposed, and the heavy cost of complying with them, will force some producers and processors to shutter their operations," 75 members of Congress said in a Nov. 22 letter to FDA Commissioner Margaret Hamburg. "By seeking additional input through second proposed rules for public comment before final rules, we believe that producers' concerns can be addressed and unintended consequences can be greatly mitigated."
Sens. Roy Blunt (R-MO) and Jeanne Shaheen (D-NH), along with Reps. Joe Courtney (D-CT), Chris Gibson (R-NY) and Annie Kuster (D-NH) led a bipartisan group of lawmakers requesting that the FDA issue a second draft of regulations for public comment.
They listed the top concerns for their constituents: agricultural water testing frequency; manure restrictions; mixed-use facility compliance; conservation and environmental practice conflicts; small farm definitions; and farm ownership issues.
The United Fresh Produce Association is one of many industry groups calling for the FDA to refrain from issuing final rules without additional comments.
"As we listened to our membership to develop our comments about FDA's draft FSMA rules, we heard many questions regarding the complexity of the proposed rules," said Ray Gilmer, vice president of issues management and communications at United Fresh. "FSMA is the most profound regulatory overhaul of food-safety rules in 70 years, so we want the opportunity to closely work with FDA to be sure the rulemaking is done right. United Fresh applauds this request by members of Congress, led by Senators Blunt and Shaheen, and Representatives Courtney, Gibson and Kuster, asking FDA to seek additional input through a second set of proposed rules before final rulemaking."